Magendran v. Ramalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Third day of July Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice K.RAVICHANDRABAABU AND The Hon'ble Mr Justice SENTHILKUMAR RAMAMOORTHY CMA(MD). No.825 and 829 of 2017 MAGENDRAN ...Appellant/Respondent/Petitioner in both the appeals Vs RAMALAKSHMI ... Respondent/Petitioner/Respondent in both the appeals Prayer in CMA(MD)No.825 of 2017:

Civil Miscellaneous Appeal filed Under section 19 of the Family Courts Act, Praying this Hon'ble Court to set aside the Fair and Decreetal order passed by the Learned Family Court, Sivagangai in I.A.No. 130 of 2017 in H.M.O.P.No. 29 of 2016 on 29/06/2017. Prayer in CMA(MD)No.829 of 2017:

Civil Miscellaneous Appeal filed Under section 19 of the Family Courts Act, Praying this Hon'ble Court to set aside the common judgmnet and decree passed by the Family Court, Sivagangai in H.M.O.P.No.29 of 2016 insofar as the order of granting permanent maintenance of Rs.15,000/- per month to the respondent Common Decree :

These Appeals coming upon this day for hearing, in the presence of Mr.C.Arul Vadivel @ Sekar, Advocate for the Appellant (in both cases) and of Mr.S.Srinivasa Raghavan, Advocate for the respondent (in both cases) and the parties herein having arrived at an amicable solution resolving their disputes and differences, and based on the report, dated 11.3.2019, stating that the mediation completed based on the agreement entered into between the parties, this Court while disposing of the Civil Miscellaneous Appeals, it is ordered:

"5. The parties hereto confirm and declare that they have volunatirly and on their own free will arrived at this Settlement Agreement in the presence of the Mediators"

6. The following settlement has been arrived at between the parties:

i) The husband namely Magendran has agreed to pay full and final settlement amount Rs.7,50,000/- (Rupees Seven lakhs and Fifty Thousand only) by way of three Demand Drafts, first Demand Draft bearing No.120950 an amount of Rs.55,000/-(Rupees Fifty Five Thousand and only) drawn by State Bank of India, Paramakudi, dated 02.03.2019 and the second Demand Draft bearing No.120951 an amount of Rs.5,00,000/-(Rupees Five Lakhs Only) drawn by State Bank of India, Paramakudi, dated 02.03.2019 and Third Demand Draft bearing No.120951, an amount of Rs.2,00,000/-(Rupees Two Lakhs only) drawn by State Bank of India, Paramakudi dated 02.03.2019; ii) The wife namely Ramalakshmi has accepted the above terms and received tha above mentioned Demand Drafts and acknowledged the same before the mediation Centre;

iii) The husband has agreed to hand over all the articles and seethana things in good conditions, to the respondent herein/wife on or before 14.03.2019 at 4.00 to 5.00 p.m.

iv) The wife has agreed to withdraw the following case in

1) D.V.O.P.No.19 of 2014, before the Judicial Magistrate Court No.I, Sivagangai District dated 07.03.2017

2) C.C.No.361 of 2016 in FIR No.22 of 2015 before the Judicial Magistrate Court No.I, Sivagangai, dated 12.10.2015.

3) C.C.No.79 of 2015 in FIR No.12 of 2014 before the Judicial Magistrate, No.I, Sivagangai, dated 19.04.2014, without any condition.

v) Both parties agreed that there will be no claims against each other in future in this regard.

7. By signing this agreement all the parties hereto state that they have no further claims or demands against each other with respect to CMA(MD). Nos.684,685,825 and 829 of 2017 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."; and

that there be no costs in this Civil Miscellaneous Appeals. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) TO THE JUDGE, FAMILY COURT, SIVAGANGAI Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (+2Copies) +1 CC to M/s.C.ARUL VADIVEL @SEKAR, Advocate SR-73114 +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate SR-73248 ORDER DATED : 03/07/2019 ========================== DECREE ========================== CMA(MD). NoS.825 and 829 of 2017 Nature of Decree :Appeal in C.M.A.MD No.825 of 2017 disposed of in terms of the settlement agreement filed praying this Court to set aside the fair and decreetal order passed by the Family Court, Sivagangai in I.A.No.130 of 2017 in H.M.O.P.No.29 of 2016 on 29.6.2017 granting maintenance of Rs.15,000/- per month to the respondent and the Appeal in C.M.A.MD No.829 of 2017 disposed of in terms of the settlement agreement filed praying this court to set asie the common judgment and decree passe by the Family Court, Sivagangai in H.M.O.P.No.29 of 2016.

NA(05.08.2019)P3:6C